Topics: R. 36 RoP
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LD Mannheim, April 1, 2025, Procedural Order of the Court of First Instance, UPC_CFI_132/2024
UPC sets strict limitations on requests for filing further briefs: The UPC emphasizes procedural efficiency and limits deviations from the standard briefing schedule outlined in Rule 12 RoP. Requests for further briefs must be explicitly justified and supported by specific evidence, outlining the necessity for exceeding the standard two mandatory and two optional briefs. Request…
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CoA Luxembourg, March 24, 2025, procedural order UPC_CoA_835/2024
Submissions after the conclusion of written proceedings are not admissible: Additional grounds of appeal that are not raised within the time limit for the statement of grounds of appeal provided for in R. 224.2 RoP are inadmissible, R. 233.3 RoP A further exchange of written pleadings may be permitted at the reasoned request of a…
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LD Düsseldorf, March 04, 2025, Order, UPC_CFI_115/2024, UPC_CFI_377/2024
Denial of additional written submissions (R. 36 RoP): The judge-rapporteur can permit additional submissions only if a justified request is made before the conclusion of the written procedure. The court denied both parties’ requests for additional written submissions due to non-compliance with procedural rules. Timing and justification of requests (R. 36 RoP) : The claimant’s…
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LD Paris, February 5, 2025, order concerning further exchanges of written pleadings (R. 36 RoP), UPC_CFI_163/2024
Three sucessive stages of the written procedure in infringement actions: The Rules of Procedure devide the written procedure into several successive stages: Stage 1: Pleadings relating to the infringement claim comprising a set of 4 statements Stage 2: Pleadings relating to the validity of the patent-in-suit in the event of a counterclaim for revocation Stage…
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LD Paris, December 11, 2024, Decision on the merits, UPC_CFI_395/2023
Headnote 1: Order pursuant to R. 36 RoP does not authorize to raise new grounds; UPC procedure is front-loaded system.: The order pursuant to Rule 36 RoP issued by the judge-rapporteur relates to adding some arguments to the debate related to some specific terms regarding claim interpretation, but it did not authorise the defendant to raise a new…
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LD Duesseldorf, October 30, 2024, Procedural Order, UPC_CFI_355/2023
R. 36 RoP: Filing of Pleadings Beyond Time Limits Specified in RoP Possible: The fact that the claimant has only one opportunity to submit written observations on the right of prior use is a consequence of the Rules of procedure and the time limits laid down therein. However, in order to give the claimant the…
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CoA, August 21, 2024, order on an application pursuant to R. 9.1 RoP, UPC_CoA_469/2024
R.9.1 RoP cannot be interpreted as giving the parties the right to file motions on their own initiative.: According to R. 9.1 RoP, the Court may, at any stage of the proceedings, of its own motion or on a reasoned request by a party, make a procedural order such as to order a party to…
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CoA, August 21, 2024, order on application pursuant to R. 9.1 RoP and summons of the parties to the oral hearing, UPC_CoA_354/2024
An application under R.36 RoP can only be made before the closure of the interim procedure, and further pleadings may only be filed after an application under R. 36 RoP has been made: For the appeal procedure, R.239.2 RoP conclusively determines when the written procedure is completed. As soon as the judge-rapporteur considers the appeal…
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CD Munich, 24 January 2024, procedural order and information on next steps, UPC_CFI_1/2023
There is no automatic right to reply to a rejoinder: The UPC proceedings are generally front-loaded (e.g., Preamble RoP 7). Therefore, the exchange of written pleadings is normally limited in accordance with Rule 43 RoP. A request for the admission of a brief in response to a rejoinder in the written procedure is not premature…
2 min Reading time→
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